HMC v. COM. MED. CATASTROPHE LOSS FUND


821 A.2d 1205 (2003)

The MILTON S. HERSHEY MEDICAL CENTER OF The PENNSYLVANIA STATE UNIVERSITY, Appellant v. COMMONWEALTH of Pennsylvania MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND, Appellee.

Supreme Court of Pennsylvania.

Decided April 25, 2003.


Attorney(s) appearing for the Case

James Michael Horne, John A. Snyder, State College, for Milton S. Hershey Medical Center.

Zella Smith Anderson, Tawny K. Mummah; Elit R. Felix, II, Philadelphia, for Pennsylvania Medical Professional Liability Catastrophe Loss Fund.

Before ZAPPALA, C.J., and CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR and EAKIN, JJ.


OPINION

JUSTICE NEWMAN.

The Milton S. Hershey Medical Center of the Pennsylvania State University (HMC) appeals the unanimous determination of the Commonwealth Court, which granted the summary judgment motion of the Commonwealth of Pennsylvania Medical Professional Liability Catastrophe Loss Fund (the Fund). For the following reasons, we affirm the Order of the Commonwealth Court.

Facts and Procedural History

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